Behavior Targeting Sexual Orientation

Intro:

Workplace discrimination targeting you based on your sexual orientation is wrong and should not be tolerated under any circumstances by your employer. The following Q&A will help you understand what legally constitutes discrimination in California and what course of action you should take if you’re subjected to it in your workplace.

1. How Is Discriminatory Behavior Toward LGBTQ+ Individuals Defined Under California Law?

California’s Fair Employment and Housing Act (FEHA) strictly prohibits discrimination in the workplace based on:

• Sexual orientation
• Gender identity
• Gender expression

Discriminatory behavior can take many forms, including:

• Denying promotions
• Making offensive remarks
• Offering or providing unequal pay
• Wrongful termination

Also, under California law, public and private employers with five or more employees are:

• Prohibited from treating an employee or job applicant unfavorably based on their actual or perceived LGBTQ+ status
• Required to take reasonable steps to prevent and correct discriminatory or harassing conduct in the workplace
• Prohibited from retaliating against you if you report discrimination in the workplace

2. What Steps Should I Take If I Experience Harassment Based On Sexual Orientation At Work In San Bernardino County?

If you are harassed at work due to your sexual orientation, you should document each incident in detail. Make sure you include dates, times, locations, and individuals involved.

You should also follow your employer’s internal complaint procedures by reporting the harassment to your supervisor or HR department in writing.

If your employer takes no action and the harassment is not resolved, you can file a complaint with the California Civil Rights Department (CRD). This agency investigates violations of the Fair Employment and Housing Act (FEHA).

If none of these steps resolve the issue, consult with a sexual harassment law attorney in San Bernardino to discuss legal options, including the potential to file a civil lawsuit.

3. Can I File A Sexual Harassment Lawsuit In San Bernardino County For Repeated Verbal Abuse Related To My Orientation?

Under California law, verbal abuse based on sexual orientation qualifies as sexual harassment if it is severe or pervasive enough to create a hostile work environment. Employers are legally required to address and stop such harassment once they are made aware of it. Repeated slurs, derogatory jokes, or offensive comments may be sufficient to meet this threshold.

Under FEHA, you can file a complaint with the California Civil Rights Department. If the Department issues you a right-to-sue notice, you can pursue a civil lawsuit in a San Bernardino County court. You can follow up with an experienced attorney who can help assess the strength of your case and guide you through the legal process.

4. What Evidence Is Helpful In Proving Harassment Based On Sexual Orientation In A California Court?

To prevail in your harassment lawsuit, you will need to produce strong supporting evidence. Thorough documentation of the incident(s) is crucial to demonstrate both the pattern and severity of abuse.

The following forms of evidence can be helpful, if not essential, in supporting your claim:

• A detailed log of events, including dates, locations, and names of those involved
• Emails, text messages, written notes and audio or video recordings
• Witness testimony from those who observed the conduct or experienced similar treatment in your workplace
• Internal complaints filed with HR
• Your employer’s response to any documentation you’ve sent
• Medical or therapy records as evidence of emotional distress stemming from the harassment

Call To Action (CTA):

If you’ve suffered harassment at work based on your sexual orientation, and your employer has failed to act, you have legal options, including filing a lawsuit.

You don’t have to face workplace discrimination alone. For a free evaluation of your case, contact the Hannemann Law Firm at (909) 980-7878 today.